Madhya Pradesh High Court
MCRC/3371/2024 of RAMESH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3371 of 2024
BETWEEN:-
RAMESH S/O SHRI GULAB SINGH MAIDA, AGED ABOUT 29 YEARS, OCCUPATION: GOVT. SERVICE R/O VILLAGE GOTH MOHANKOT TEHSIL PETLAWAD P.S. RAIPURIA DISTT. JHABUA AT PRESENT 218 BATTALION CENTRAL RESERVE POLICE FORCES SILAM DISTT. GUMLA SECTOR RANCHI JHARKHAND(JHARKHAND)
(SHRI ASHAY JAIN - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KALYANPURA DISTT. JHABUA (MADHYA PRADESH)
.....RESPONDENTS
(SHRI GAURAV RAWAT - DY. GOVT. ADVOCATE)SHRI APOORV JOSHI, LEARNED COUNSEL FOR THE RESPONDENT[OBJ].)
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the record.
This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail, who is apprehending his arrest inCrime No.004/2023, registered at Police Station-Kalyanpura, District-Jhabua
(M.P.) for the offence under Sections 376, 376(2)(n), 506 of IPC, 1860.
2. As per prosecution story, it is alleged that applicant has committedrape upon the prosecutrix.
3. Learned counsel for the applicant submits that the applicant isinnocent and has been falsely implicated in this case. The allegation against theapplicant is that he has made physical relation on the pretext of marriage, sinceJanuary 2023 and in February 2023 they got engaged. In December 2023prosecutrix threatened the applicant that she would commit suicide if he doesn'tmarry her, hence he has filed written complaint at Superintendent of Police,District Jhabua. On 09.12.2023 when investigation was carried out, theprosecutrix has lodged FIR in counter blast. The applicant is ready to co-operate with the investigation. The final conclusion of the trial is likely to takesufficient long time. Therefore, it has been prayed that the applicant may bereleased on anticipatory bail.
4. On the other hand, learned Govt. Advocate opposed the prayer andprayed for its rejection, however, fairly admitted that there were talks ofmarriage between the prosecutrix and the applicant.
5. Learned counsel for the complainantsubmitted that the name ofapplicant has been clearly mentioned in FIR hence anticipatory bail should notbe granted.
6. Having taken into consideration all the facts and circumstances of thecase, I am of the view that it is a case in which applicant may be released onanticipatory bail. Consequently, this first application for anticipatory bail filedon behalf of applicant is hereby allowed.
7. It is directed that in the event of arrest applicant be released on bail onhis furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of theArresting Authority. At stage of filing of charge-sheet by police, applicant shallfurnish fresh bail bond of same amount before committal Court/trial Court to itssatisfaction. The applicant shall comply with the following conditions:-
(i) that he shall make himself available for interrogation by a police officeras and when required.
(ii) that he shall not, directly or indirectly, make any inducement, threat orpromise to any person acquainted with the facts of the case so as to dissuadethem from disclosing such facts to the Court or to any police officer.
(iii) the applicant shall further abide by the other conditions enumerated insub-Section (2) of Section 438 of Cr.P.C.
8. In case if the applicant is not arrested by investigating officer, applicanthimself shall surrender before Investigating Officer within 15 days from todayand will join investigation. However, it is being made clear that in case of bailjump and in violation of any of conditions, this order shall become ineffective.
Certified copy, as per rules.
sumathi
(PREM NARAYAN SINGH)JUDGE